Arizona 54th Legislature - 2nd Regular Session Status: Passed House 1 R cosponsors

HB 2790 — baccalaureate degrees; community colleges

Last action — FAILED

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 54th Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

226 added · 163 removed

Plain-language change summary

The revised HB 2790 now includes specific details about community colleges being able to manage grants or donations and clarifies the ownership transfer of any donated property. Additionally, there are changes related to procurement policies, allowing districts to collaborate when purchasing goods and services. These updates are important as they provide clear guidelines for financial management and ensure resources are utilized effectively in education.

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HB2790 - 542R - S-Education-Proposed   Fifty-fourth Legislature                                                Education Second Regular Session                                                  H.B.
HB2790 - 542R - H Ver       House Engrossed         State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session       HOUSE BILL 2790       AN ACT   amending sections 15‑1401 and 15‑1444, Arizona Revised Statutes;
  PROPOSED SENATE AMENDMENTS TO H.B.
relating to community colleges.
2790 (Reference to House engrossed bill)   Page 4, line 33, after "16." insert "For a community college in a county with a population of seven hundred fifty thousand persons or less," Line 35, after the period insert:
    (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:
"17.  For a community college in a county with a population of more than seven hundred fifty thousand persons, offer four‑year baccalaureate degrees that are accredited by a regional accreditation agency approved by the United States department of education as follows:
Section 1.  Section 15-1401, Arizona Revised Statutes, is amended to read:
(a)  For the first four years that a district offers four‑year baccalaureate degrees, the district may not offer more than ten percent of its courses for four‑year baccalaureate degrees based on the current number of associate degree programs and certificates of completion in learning programs offered.  The fifth and subsequent years that a district offers four‑year baccalaureate degrees, the district may not offer more than fifteen percent of its courses for four‑year baccalaureate degrees based on the current number of associate degree programs and certificates of completion in learning programs offered.
START_STATUTE15-1401.  Definitions In this chapter, unless the context otherwise requires:
(b)  Tuition per credit hour for the third and fourth years of a four‑year baccalaureate program may not exceed one hundred fifty percent of the tuition per credit hour of any other district program." Page 5, after line 26, insert:
1.  "Accredited" means accredited by a regional accrediting agency recognized by the United States department of education or by the council on postsecondary accreditation.
"Sec. 3.  Section 15-1469, Arizona Revised Statutes, is amended to read:
2.  "Additional short‑term classes" means those classes that are not in session on the forty‑fifth day of the fall or spring semester, that commence at various times during the fiscal year and that are offered over a period of less than sixteen weeks.
START_STATUTE15-1469.  Attendance of nonresident state students;
3.  "Budget year" means the fiscal year for which the community college district is budgeting and that immediately follows the current year.
payment of cost by county of residence A.  The district may admit students from any part of this state that is not a part of an established community college district on the same conditions as residents.
4.  "Community college" means an educational institution that is operated by a district board and that provides a program not exceeding two of not more than four years' training in the arts, sciences and humanities beyond the twelfth grade of the public or private high school course of study or vocational education, including terminal courses of a technical and vocational nature and basic adult education courses.
B.  The county of the student's residence shall reimburse the district as provided in this subsection for a program that does not exceed two years' training in the arts, sciences and humanities beyond the twelfth grade of the public or private high school course of study or vocational education, including terminal courses of a technical and vocational nature and basic adult education courses.  The county of the student's residence may reimburse the district as provided in this subsection for an additional two years in a program that leads to the conferral of a BACCALAUREATE degree if the district elects to confer baccalaureate degrees as provided in section 15‑1444.  If the county of a student's residence does not fund its residents enrolled beyond the second year of a program that leads to a baccalaureate degree, the amount of reimbursement due under this subsection from the county shall be calculated excluding all students that are enrolled beyond the second year.  The amount of reimbursement to each community college district from each county that is not a part of an organized community college district shall be determined as follows:
5.  "Community college tuition financing district" means a district that is organized pursuant to section 15‑1409.
1.  For students attending classes within the established community college district:
6.  "Current year" means the fiscal year in which the community college district is operating.
(a)  Determine the number of full‑time equivalent students attending classes within the district from the county for the year preceding the current year.
7.  "District" means a community college district that is established pursuant to sections 15‑1402 and 15‑1403 or section 15‑1402.01 and that is a political subdivision of this state and, unless otherwise specified, includes community college tuition financing districts established pursuant to section 15‑1409.
(b)  Determine the operational expenses of the district for the current year, excluding direct and indirect costs of noncredit courses.
8.  "District board" means the community college district governing board.
(c)  Determine the amount of state aid the district received for the current year as provided in section 15‑1466.
9.  "Full‑time equivalent student" means student enrollment for fifteen community college semester credit units per semester.
(d)  Subtract the amount of state aid received for the current year determined in subdivision (c) of this paragraph from the amount of operational expenses for the current year determined in subdivision (b) of this paragraph.
10.  "Open entry, open exit classes" means those classes in which students enter or exit based on mastery of specified competencies and that commence at various times during the fiscal year.
(e)  Determine the number of full‑time equivalent students enrolled in the district for the current year.
11.  "Operational expense budget" means the budget as adopted by the district board pursuant to section 15‑1461.
(f)  Divide the amount determined in subdivision (d) of this paragraph by the number of full‑time equivalent students determined in subdivision (e) of this paragraph.
12.  "Operational expenses" means the administration, instruction, operation of community college plant, maintenance of community college plant, fixed charges and contingencies incurred in the operation of a district, exclusive of excluding all capital outlay items, special levies, auxiliary enterprise funds, restricted funds and bond service items.
(g)  Multiply the amount determined in subdivision (f) of this paragraph by the average number of full‑time equivalent students for the county determined as provided in subdivision (a) of this paragraph.
13.  "Provisional community college district" means a community college district that was organized pursuant to section 15‑1409 and that began operations before January 1, 2015.
The resulting amount is the amount of reimbursement to the district from the county for the budget year for students attending classes within the established community college district.
END_STATUTE Sec. 2.  Section 15-1444, Arizona Revised Statutes, is amended to read:
2.  For students attending classes offered by the district within the county pursuant to section 15‑1470, the amount specified in the intergovernmental agreement is the amount of reimbursement to the district from the county for the budget year for students attending classes within the county.
START_STATUTE15-1444.  General powers and duties of district boards A.  Except as otherwise provided, the each district board shall:
C.  On or before May 15 of each year, the staff of the joint legislative budget committee shall:
1.  Maintain each community college under its jurisdiction for a period of not less than at least eight months in each year and, if the funds monies of the district are sufficient, maintain each community college for a longer period.
1.  Determine the amount of reimbursement to each district from each county pursuant to subsection B, paragraph 1 of this section.
2.  Adopt policies in a public forum to offer programs that meet the educational needs of the population served by the community college.
2.  Notify the board of supervisors of each county of the amount it shall reimburse to each district pursuant to subsection B, paragraph 1 of this section for the budget year.
3.  Enforce the courses of study prescribed by the district board.
3.  Notify each community college district eligible to receive reimbursement of the amount of reimbursement from each county pursuant to subsection B, paragraph 1 of this section for the budget year.
4.  Visit each community college under its jurisdiction and examine carefully into its management, conditions and needs.
D.  On or before November 15 and May 15 of each year, the board of supervisors shall draw warrants on the county treasurer in favor of the community college district for half of the amount due pursuant to subsection B of this section.  The board of supervisors shall:
5.  Exclude from each community college all books, publications or papers of a sectarian, partisan or denominational character intended for use as textbooks.
1.  Pay monies from the county general fund or levy a community college reimbursement levy pursuant to section 42‑17203 for the amount of reimbursement pursuant to an intergovernmental agreement for extension courses as provided in section 15‑1470.
6.  Appoint and employ a chancellor or chancellors, vice‑chancellors vice chancellors, a president or presidents, vice presidents, deans, professors, instructors, lecturers, fellows and such other officers and employees it deems necessary.  The district board may enter into employment contracts with chancellors, vice‑chancellors vice chancellors and presidents for a duration of more than one year but not more than five years.
2.  Pay monies from the county general fund or levy a community college reimbursement levy pursuant to section 42‑17203 for the amount of reimbursement pursuant to subsection B, paragraph 1 of this section.
7.  Determine the salaries of persons it appoints and employs.  A district may not compensate an employee for work performed on behalf of an elected employee representative organization and may not provide more favorable terms and conditions of employment to any employee because that individual belongs to an elected employee representative organization.
E.  Notwithstanding subsection D of this section, a county and a community college district may specify by intergovernmental agreement that the amount of reimbursement due from the county be reduced by the value of in‑kind contributions made by the county to the district.
8.  Remove any officer or employee if in its judgment the interests of education in this state require the removal.
F.  For the purposes of subsection B, paragraph 1 of this section, full‑time equivalent students are determined in the same manner prescribed by section 15‑1466.01.
9.  Award degrees, certificates and diplomas on the completion of courses and curricula as it deems appropriate.
END_STATUTE Sec. 4.  Legislative findings and intent The legislature finds and declares:
10.  Appoint or employ, if it deems necessary, police officers who shall have the authority and power of peace officers.  The police officers who have received a certificate from the Arizona peace officer standards and training board are eligible for membership in and benefits under either title 38, chapter 5, article 2 or the public safety personnel retirement system under title 38, chapter 5, article 4.
1.  The primary mission of this state's community college districts shall continue to be to provide associate degree programs and certification programs.
11.  Determine the location within the district of a community college and purchase, receive, hold, make and take leases of, sell and convey real or personal property for the benefit of the community colleges under its jurisdiction.
2.  Community college districts shall continue to partner with this state's public universities to create joint degree programs and programs that facilitate transfer to this state's public universities that are in the best interests of the districts' students.
12.  Obtain insurance or be self‑insured, or a combination of insurance and self‑insurance, against loss, to the extent it is determined necessary on community college buildings of the district.  The local district shall have an insurable interest in the buildings.
3.  Any four-year baccalaureate degree program offered by a community college district pursuant to this act shall be developed and approved by that community college district's governing board based on the needs of the district's students and the workforce needs of that district's community.
B.  The district board may:
4.  This state’s public universities will continue to comply with existing articulation agreements and shall make every effort to facilitate the transfer of upper division credits toward a baccalaureate degree.
1.  Administer trusts declared or created for the district and receive by gift or devise and hold in trust or otherwise property wheresoever located, and if not otherwise provided, dispose of the property for the benefit of the district.
5.  Community college districts shall continue to provide robust educational opportunities at an affordable cost to students." Amend title to conform   SYLVIA ALLEN   2790ALLEN S 03/16/2020 3:39 PM C:
2.  Lease real property, as lessor or as lessee.  If a district is the lessee, the lease may contain an option to purchase the property.  The district board may adopt policies as are deemed necessary and may delegate in writing to the chancellor or president of the district, or their designees, all or any part of its authority to lease property under this paragraph.  Any delegation by the district board pursuant to this paragraph may be rescinded in whole or in part at any time by the district board.
kcb     2790ALLEN S 03/16/2020 4:44 PM S:
3.  Sue and be sued.
JO/gs  
4.  Contract.  The district board may adopt such policies as are deemed necessary and may delegate in writing to the chancellor or president of the district, or their designees, all or any part of its authority to contract under this paragraph.  Any delegation of authority under this paragraph may be rescinded by the district board at any time in whole or in part.
5.  Construct, remodel and repair buildings.
6.  In conjunction with other districts, establish policies for procurement of procuring goods and services.
7.  Provide a plan or plans for employee benefits, which may include optional retirement programs pursuant to section 15‑1451, subsection A, which allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.
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8.  Accept grants or donations of monies from the United States or any of its agencies, departments or officers, this state, political subdivisions of this state, tribal governments, school districts, special taxing districts, persons, corporations, foundations or associations.  The district board shall deposit the monies into a specific fund or account and shall administer the monies in accordance with the purpose of the grant or donation with specific policies or restrictions as described or stipulated in the grant or donation.  In the case of personal property granted or donated to or for the benefit of a community college district, the district board shall immediately transfer possession and ownership of the property to the designated district.  Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
9.  Enter into intergovernmental agreements or contracts pursuant to section 11‑952.01 for participation in programs offered by public agency pools or separately contract with a trustee or board of trustees that provides a common self‑insurance program with pooled funds and risks pursuant to section 15‑382, subsection B, paragraph 2.  The district board is not required to engage in competitive procurement in order to make the decision to participate in these programs.
10.  Name a building or a group of buildings that is located on a community college campus on behalf of a person or entity that has made a significant contribution of monies or other property to the community college or the community college district.
11.  Enter into research and development agreements, royalty agreements, development agreements, licensing agreements and profit‑sharing agreements concerning the research, development, production, storing or marketing of new products developed or to be developed through community college district research.  Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
12.  Enter into an intergovernmental agreement pursuant to section 15‑1747 to participate in a reciprocity agreement subject to the terms of the reciprocity agreement.
13.  Engage in entrepreneurial and commercial activities.  Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
14.  Collect auxiliary fees, including cafeteria fees, food service fees, bookstore fees and dormitory fees.  Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
15.  Provide goods and services pursuant to a contract with a political subdivision of this state or with a tribal government.  Monies received pursuant to this paragraph are not considered local revenues for the purposes of article IX, section 21, Constitution of Arizona.
16.  Offer four-year baccalaureate degrees that are accredited by a regional accreditation agency approved by the United States department of education.
C.  If a district acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the district shall pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest.  The lien for unpaid delinquent taxes, penalties and interest on property acquired by the district:
1.  Is not abated, extinguished, discharged or merged in the title to the property.
2.  Is enforceable in the same manner as other delinquent tax liens.
D.  In a district whose boundaries encompass a vehicle emissions control area as defined in section 49‑541, the district board shall require all out‑of‑county and out‑of‑state students to sign an affidavit at the time of course registration that the student's vehicle meets the requirements of section 49‑542.  The district board on property under its jurisdiction within a vehicle emissions control area shall prohibit the parking of those vehicles that fail to comply with section 49‑542.
E.  A community college district and a career technical education district governing board may enter into agreements for the provision of to provide administrative, operational and educational services and facilities.
F.  Each district may establish a program for the exchange of students between the community colleges under its jurisdiction and colleges and universities located in Sonora, Mexico.  The program may provide for in‑state tuition for Sonora students at the community colleges under the jurisdiction of the district in exchange for similar tuition provisions for Arizona students enrolled or seeking enrollment in Sonora colleges and universities.  The community colleges may work in conjunction with the Arizona‑Mexico commission in the governor's office to coordinate recruitment and admissions activities to provide for in‑state tuition for up to fifty Sonora students at the community colleges under the jurisdiction of the district in exchange for similar tuition provisions for up to fifty total Arizona students enrolled or seeking enrollment in Sonora colleges and universities.
G.  Each district shall facilitate transfer articulation coordination pursuant to section 15‑1824.
END_STATUTE
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How this bill changes current law

11 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill modifies the definitions and powers of community college district boards in Arizona.

  • 15-1401

    exclude including → excluding

    This change clarifies that operational expenses do not include certain capital outlay items.

  • 15-1444

    the each district board shall: → each district board shall:

    This change simplifies the language by removing unnecessary wording.

  • 15-1444

    not less than at least eight months → at least eight months

    This change removes redundancy for clarity in the requirement for maintaining community colleges.

  • 15-1444

    vice‑chancellors vice chancellors → vice chancellors

    This change corrects a typographical error for consistency in terminology.

  • 15-1444

    for work performed on behalf of an elected employee representative organization → for work performed on behalf of an elected employee representative organization and may not provide

    This ensures that employee compensation practices are clarified and standardized.

  • 15-1444

    the local district shall have an insurable interest in the buildings.

    This change removes a sentence that might be seen as redundant or unnecessary.

  • 15-1444

    purchasing or leasing → purchasing, leasing

    This change clarifies the activities that district boards can engage in regarding property.

  • 15-1444

    in order to make

    This change eliminates an unnecessary phrase, making the law more concise.

  • 15-1444

    the terms of an intergovernmental agreement

    This adjustment clarifies the authority and scope of agreements without unnecessary repetition.

  • 15-1444

    College or the community college district. → college.

    This change makes the sentence less repetitive by shortening it.

  • 15-1444

    the purpose of the grant or donation → the purpose of the donation

    This simplifies the wording related to grant administration.

Action History

  1. FAILED

  2. Senate Second Reading

  3. Senate First Reading

  4. Transmit to Senate

  5. PASSED

  6. DP

  7. House Placed on Consent Calendar

  8. DP

  9. House Second Reading

  10. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 88 not signed on · 18 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (88)

88 members have not signed on to this bill.

Show all 88 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 42 Yea · 18 Nay
Party YeaNayPresentNot Voting
Unaffiliated 301400
Republican 9300
Democrat 3100
Total 421800
% of votes cast 70%30%0%0%
How each member voted (60)
Member Party Vote
Aaron Lieberman — Yea
Amish Shah — Yea
Andres Cano — Nay
Anthony T. Kern — Yea
Arlando Teller — Yea
Athena Salman — Nay
Becky A. Nutt — Yea
Ben Toma — Nay
Bob Thorpe — Yea
Bret Roberts — Yea
Charlene R. Fernandez — Nay
César Chávez — Yea
Daniel Hernandez — Yea
David L. Cook — Yea
Diego Espinoza — Yea
Diego Rodriguez — Yea
Domingo DeGrazia — Nay
Gerae Peten — Yea
Isela Blanc — Nay
Jay Lawrence — Yea
Jennifer Jermaine — Yea
Jennifer Longdon — Yea
Jennifer Pawlik — Yea
Joanne Osborne — Nay
John Fillmore — Yea
John M. Allen — Nay
Kelli Butler — Yea
Kelly Townsend — Nay
Kirsten Engel — Nay
Lorenzo Sierra — Yea
Michelle Udall — Yea
Nancy Barto — Yea
Noel W. Campbell — Yea
Pamela Powers Hannley — Nay
Randall Friese — Nay
Raquel Terán — Yea
Regina E. Cobb — Yea
Reginald Bolding — Yea
Richard C. Andrade — Nay
Robert Meza — Nay
Russell Bowers — Yea
Steve Pierce — Yea
Travis W. Grantham — Yea
Walter Blackman — Yea
Alma Hernandez Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Myron Tsosie Democrat Yea
Rosanna Gabaldón Democrat Nay
Frank Carroll Republican Nay
Gail Griffin Republican Yea
Jeff Weninger Republican Yea
John Kavanagh Republican Yea
Kevin Payne Republican Yea
Leo Biasiucci Republican Yea
Mark Finchem Republican Nay
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Nay
Tony Rivero Republican Yea
Warren Petersen Republican Yea

Official roll call →

Subjects

education
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Frequently asked questions

Who sponsors HB 2790?
HB 2790 is sponsored by Thomas "T.J." Shope (Republican), Warren Petersen, Regina E. Cobb, Russell Bowers, and Becky A. Nutt.
What is the current status of HB 2790?
This bill died with 54th Legislature - 2nd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2790?
Track HB 2790 free on One Click Politics — get push/email alerts when it moves.

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